Federal banking regulators this week took action against two mortgage lenders for failing to enforce flood insurance requirements on properties in flood-prone areas. Separately, House lawmakers mulled over draft Republican legislation to reform and reauthorize the National Flood Insurance Program. The Office of the Comptroller of the Currency announced it slapped Colonial Savings Bank with an $87,500 penalty for violation of the Federal Disaster Protection Act of 1973. The FDPA requires...

The mortgage industry has come to the conclusion that meaningful housing-finance reform is so elusive that any legislation being introduced is a long shot, even in the Senate Banking, Housing and Urban Affairs Committee, which seems to be more involved in the topic than any other panel on Capitol Hill. Over the past month, rumors have circulated that some senators on the committee, including Bob Corker, R-TN, have been discussing with fellow members what an outline for housing-finance reform might look like, but with nothing committed to paper. A spokeswoman for the committee told...

The House of Representatives this week began voting on H.R. 10, the Financial CHOICE Act, the Republican effort to replace significant portions of the Dodd-Frank Act. The legislation, introduced earlier this year by House Financial Services Committee Chairman Jeb Hensarling, R-TX, passed out of committee in early May on a party-line basis. The final vote was expected to be completed late this week. The House Rules Committee voted...

The CFPB recently announced its plan to review and evaluate the effectiveness of its ability-to-repay/ qualified mortgage rule, as per the requirements of the Dodd-Frank Act, and is soliciting interested parties for their input. “We are asking the public to comment on our plan, to suggest sources of data, and generally to provide information that would help with the assessment,” bureau officials said in a blog posting revealing the plan. They added that the agency views the pending review and evaluation as an opportunity. “Conducting the assessment will advance our knowledge of the benefits and costs of the key requirements of the ATR/QM rule,” said the officials. “The assessment will also provide the public with information on the mortgage lending market, ...

Perhaps the single most critical aspect of the CFPB’s pending assessment of its ability-to-repay/qualified mortgage rule will be what happens to the so-called GSE patch. Under the patch, one of the discretionary elements the bureau added to the Dodd-Frank Act parameters of the rule, loans eligible for sale to the two government-sponsored enterprises, Fannie Mae and Freddie Mac, are granted safe-harbor QM status regardless of the loans’ debt-to-income ratio, as long as they meet other QM requirements. “Without that exemption, the bureau realized that being left with the standard QM (with the 43 percent DTI and Appendix Q) would have significantly limited mortgage lending,” said Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm ...

The American Bankers Association sent a letter to Secretary Treasury Steve Mnuchin late last month detailing a handful of key reforms it believes are needed to the ability-to-repay/qualified mortgage rule promulgated by the CFPB. The trade group’s correspondence was in response to President Trump’s Executive Order 13772 and the circulation of his core principles for regulating the U.S. financial system.For starters, the ABA said all mortgages originated and held in a bank’s own portfolio should be considered QM, and should be afforded safe harbor legal treatment. “This approach is consistent with safe lending principles because holding loans in portfolio means that the bank is retaining 100 percent of the risk on that loan,” said the organization. Banks will offer ...

The American Bankers Association’s letter to Secretary Treasury Steve Mnuchin also detailed a handful of key changes it said the CFPB should make to its controversial Truth-in-Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. First, the bureau ought to revise the TRID tolerances. Currently, the rule requires creditors to observe closing cost tolerances that prohibit fees from increasing beyond initial disclosures by specific amounts. “TRID’s cost tolerance system is extremely convoluted, operating under a three-prong tolerance system that contains uncertain exemptions and rules for corrections,” the trade group said. “ABA believes that the current tolerance system should be entirely eliminated and replaced with a single tolerance standard of 10 percent, with more focused applicability.”Under this proposal, a ...

The Mortgage Bankers Association called on the CFPB to delay the Jan. 1, 2018, effective date for its new and expanded data collection and reporting requirements under the Home Mortgage Disclosure Act.“Considering the fact that much remains to be done by the CFPB, including rules and deliverables, MBA respectfully urges the bureau to delay these amendments and the final rule for at least one year in order to provide the bureau and HMDA reporters with sufficient time to complete, implement and test their data collection and reporting processes,” the trade group said in a comment letter to the agency. The additional time “will allow several necessary actions and relevant materials to be delivered by the bureau in time for ...

Mortgage lenders in the U.S. seem to be in a better frame of mind when it comes to their ability to comply with new regulations and to operate in the post-election environment, according to a study from Lenders One, a cooperative of independent mortgage bankers, correspondent lenders and suppliers of mortgage products and services. “Lenders are ready for new regulatory requirements, such as updates to the Home Mortgage Disclosure Act, with two-thirds (65 percent) indicating they are very prepared for HMDA changes,” Lenders One said. However, the biggest HMDA compliance challenge for lenders involves the additional resources needed to report transactional data, such as home equity lines of credit and dwelling-secured loans for apartments, the survey found. “While lenders are ...

The cost of complying with the plethora of mortgage regulations, including the high-profile rules promulgated by the CFPB, consume nearly a quarter of lenders’ operating revenue and hurt both sellers and buyers with extended closing delays. Those were some of the chief findings of a survey performed by mortgage market research expert Tom Lamalfa, president of TSL Consulting, Cleveland Heights, OH, at the Mortgage Bankers Association National Secondary Market Conference in May. The results were distributed to MBA members last week via email. Among the questions posed to survey participants was, “Compliance costs consume about what percentage of your total operating expenses?” Of the 31 executives who responded, the average was 21.4 percent of total operating expenses. “The ranges were ...